Enforcement actions

Last updated: 12/04/2019 12:43 AM
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​The Department of Communities (Communities) makes decisions about when to investigate non-compliance, and which enforcement action is appropriate, according to the Compliance Enforcement Framework.

Communities publishes details about the following enforcement actions for serious non-compliance:

  • Suspension or cancellation of provider approvals, service approvals and of supervisor certificates.
  • Issue of compliance notices.
  • Imposition of conditions on approvals or certificates for purposes of enforcement.
  • Acceptance by Communities of enforceable undertakings.
  • Details of prosecutions or applications to the State Administrative Tribunal.

Once published on the Department's website the enforcement action will remain listed for 24 months.

The State Administrative Tribunal (SAT) publishes its orders and decisions, with Communities providing an overview. SAT provides a database of all orders up to June 2017 and more recent orders online.

All references to sections and regulations are to sections of the schedule to the Education and Care Services National Law (WA) Act 2012 (the National Law) and regulations of the Education and Care Services National Regulations 2012 (the National Regulations) unless otherwise specified.

  
Quinns Kids. (SE-40007708) 8 Salerno Drive Mindarie.
The approved provider (AP) contravened section 165(1) of the National Law on 17-Jan-19 by failing to ensure that all children being educated and cared for by its Service were adequately supervised at all times the children were in the care of its Service.
Outcome
On 20-May-19 the Tribunal ordered the AP to pay a penalty of $9,000 for the contravention of section 165(1) and to pay a contribution of $1,000 towards the Department’s legal costs
  
Leederville Early Childhood Centre  (SE-00012832) 244A Vincent Street, Leederville, WA, 6007
The approved provider (AP) is alleged to have contravened: • Section 167 - Offence relating to requirement to protection of children from harm and hazard • Regulation 79(1) - Service providing food and beverages

Compliance Notice (s 177) issued on 27-Mar-19 requiring compliance by 17-Apr-19. Notice required AP to:
-          develop and implement a written policy or procedure which documents the services processes, and staff members responsibilities in relation to preparing and serving food for children with dietary requirements;
-          conduct training with all educators and staff members in the next staff meeting, about the services processes, and staff members responsibilities in relation to preparing and serving food for children with dietary requirements;
-          develop and implement a risk minimisation plan and communication plan for each child enrolled in the service who is diagnosed with asthma, diabetes or at risk of anaphylaxis. This must be in accordance with Regulation 90 of the Education and Care Services National Regulations 2012.

Outcome
AP provided evidence of compliance with the notice on 18-Apr-19.
  
Nature’s Atelier  (SE-40013179) 431 Rendezvous Rd VASSE 6280 WA
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 13-Mar-19 by failing to ensure that all children being educated and cared for by her service were adequately supervised at all times the children were in the care of the service. Two children were not collected from a bus stop, they were brought to the service by a member of the public.The AP agreed the service had an agreement with parents to collect children from the bus stop and accepted responsibility for the care of the children from the when they left the public transport. The educator who usually walked up the driveway and collected children from the bus stop across the road was ill on the day the children were not collected.

A Compliance Notice (s.177) was issued on 26-Mar-19 requiring compliance by 11-Apr-19.  

The notice required the AP to:

·         Develop and implement robust strategies, policies and procedures to ensure all enrolled children are adequately supervised, including using child attendance rolls to confirm handover of children during collection/delivery of children.
·         Conduct training with all staff on the reporting obligations of any serious incident or complaints. This is in reference to regulation 12 and 176 of the Education and Care Services National Regulations 2012 and section 174 of the Education and Care Services National Law (WA) Act 2012.
·         Provide evidence that all staff have received training on the updated Transport Policy and obligations to report serious incidents or complaints.

Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice
  
Little Peoples Place Early Learning Centre Evans Way. (SE-40006615.) 2 Evans Way Byford WA 6122.
The approved provider (AP) is contravened section 51(8) of the National Law on 28-Aug-18 and 5 Sept 18 and 6-Sep-18 by operating its service with more than its maximum permitted numbers of attending children The AP also on and after 5 Oct 18 contravened section 297(1) of the National Law by taking serious detrimental action against an educator in reprisal for a protected disclosure. Full facts are set out with the Tribunal’s order as linked to the “Action Taken”
Outcome
On 10-Apr-19 the Tribunal ordered the AP to pay a penalty of $16100 for the contraventions of section 51(8) and 297(1) and to pay a contribution of $2000 towards the Department’s legal costs.
  
South Coast Baptist School of Early Learning Childcare. (SE-00012887.) Lot 2 Gnangara Drive Waikiki WA.
The approved provider (AP) contravened section 165(1) of the National Law on 23-Aug-18 by failing to ensure that all children being educated and cared for by its Service were adequately supervised at all times the children were in the care of its Service. The AP also contravened 104(1) of the national regulations by failing to ensure that the outdoor space used by children at the education and care premises was enclosed by a fence that was of a height and design that children preschool age or under could not go through, over or under it. Full facts are published iwth the Tribunal's order. as linked to the "Action Taken"
Outcome
On 19-Mar-19 the Tribunal ordered the AP to pay a penalty of $8500 for the contraventions of section 165(1) and regulation 104(1) and to pay a contribution of $2000 towards the Department’s legal costs.
  
Mulberry Tree Child Care - North Perth. (SE-00012945.) 174 Grosvenor Road, North Perth.
The approved provider (AP) contravened section 165(1) of the National Law on 22-May-18 when a nearly 3-year-old child left the service unsupervised and was found crossing Grosvenor Street by 2 members of the public in their car.
Outcome
The matter went to mediation on 17-Sep-18 where an outcome was agreed. 20-Sep-18 the Tribunal ordered the AP to pay a penalty of $10500 for the contravention of section 165(3). The Tribunal also ordered the AP to pay a contribution of $2000 towards the Department’s legal costs.
  
Atlantis After School - Alkimos. (SE-40005747) Alkimos Primary School 340 Benenden Avenue Alkimos.
The approved provider (AP) contravened sections 165(1) and 173(1)(b) of the National Law on by on 27 July 2018 failing to ensure that all children being educated and cared for by its Service were adequately supervised at all times the children were in the care of its Service and on or after 5 Jan- 2018 failing to notify the Regulatory Authority in writing and within the prescribed time of the removal of a person with management and control of its service.
Outcome
On 27 Nov 18 the Tribunal ordered the AP to penalties of $9,000 for the contravention of section 165(1) and $1,000 for the contravention of section 173(1)(b) and to pay a contribution of $2,000 towards the Department’s legal costs.
  
Broome Daycare Centre. (SE-00012432.) 17 Barker Street, Broome.
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 28 Sept 18 by failing to ensure that all children being educated and cared for by her service were adequately supervised at all times the children were in the care of the service.
Outcome
On 21 Dec 18 the Tribunal ordered the AP to pay a penalty of $2,000 for the contravention of section 165(1) and to pay a contribution of $1,000 towards the Department’s legal costs.
  
Camp Australia - West Leederville Primary School OSHC. (SE-00012746.) 58 Northwood Street West Leederville
The approved provider (AP) contravened section 51(8) of the National Law – contravening a condition on its service approval - on 14 different days between 6-Feb-8 and 22-May-18 by failing to ensure no more than 30 children attend its Service at any one time. The breach was deliberate in that the AP’s management deliberately attempted to devise a way around the requirements of the condition by keeping manual handwritten attendance rolls, separate from the online booking system, for all children whose attendance would put the AP in breach of the condition. This was the 8th occasion the Department had made an application to SAT regarding this AP.
Outcome
On 22-Oct-18 the Tribunal ordered the AP to pay a penalty of $210,000 for the contraventions of section 51(8) and to pay a contribution of $2,000 towards the Department’s legal costs.
  
Sonas Early Learning and Care Wattle Grove. (SE-40009558.) 332 Hale Road Wattle Grove
The approved provider (AP) contravened section 165(1) – ensuring adequate supervision - of the National Law on 31-May-18 when an attending child aged 1 year and 11 months left the service premises unnoticed and unsupervised until he was returned to the service around 4:40pm. CCTV footage from various sources showed him wandering alone around various locations at the Wattle Grove Shopping Centre complex. A member of the public alerted the service who then sent a staff member to collect the child.
Outcome
The matter went to mediation on 26-Sep-18 where a proposed outcome was agreed. On 19-Oct-18 the Tribunal ordered the AP to pay a penalty of $10,000 for the contravention of section 165(1) and to pay a contribution of $1,000 towards the Department’s legal costs.
  
Nature Alliance Family Day Care Service
The family day care educator (FDCE) contravened section 165(3) of the National Law by failing to ensure that any child receiving education and care by her as a family day care educator was adequately supervised. On 22 May 18 a nearly 3-year-old child left the service via the front door. At 9:44am CCTV footage shows the child wandering around the front yard of the residence for 8 minutes without any supervision and then heading south along the street. A adult female member of the public found the child and took the child to Rockingham police station.
Outcome
The matter went to mediation on 2 Aug 18 where an outcome was agreed. On 16 Aug 18 the Tribunal ordered the FDCE to pay a penalty of $3,000 for the contravention of section 165(3). The Tribunal also ordered the AP to pay a contribution of $1,500 towards the Department’s legal costs
  
Meadow Springs Early Learning Centre, (SE 00012898) Cnr Oakmont Avenue and La Grange Place, Meadow Springs
The approved provider (AP) contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 18 Apr-18 a 2 ½ year old left the service unnoticed and unsupervised until an adult male member of the public brought him back to the service.
Outcome
The matter went to mediation on 6 Aug 18 where an outcome was agreed. On 13 Aug 18 the Tribunal ordered the AP to pay a penalty of $9,500 for the contravention of section 165(1). The Tribunal also ordered the AP to pay a contribution of $1,000 towards the Department’s legal costs.
  
Nippers Vacation Care (SE-00012984) 1 Moreton Crescent, Warnbro
The approved provider (AP) contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 8 Mar-18 a nearly 7-year-old child was left on a bus the AP was using to take children from its service to their schools. He was due to be taken to school shortly after 8am but was found by one of AP’s staff on the bus at around 11:30am while the bus was parked at the AP’s staff members home.
Outcome
The matter went to mediation on 8 Aug 18 where an outcome was agreed. On 5 Sept 18 the Tribunal ordered the AP to pay a penalty of $9,000 for the contravention of section 165(1). The Tribunal also ordered the AP to pay a contribution of $1,000 towards the Department’s legal costs.
  
YMCA Kalgoorlie (SE-00012549) 1 YMCA Way, Kalgoorlie
The approved provider (AP) contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 9 Mar-18 a nearly 5-year-old child was left on a bus hired by the AP to bring children from the school to its service. He was found asleep on the bus at the bus depot.
Outcome
The matter went to mediation on 4 July 18 where an outcome was agreed. On 19-July-18 the Tribunal ordered the AP to pay a penalty of $10,000 for the contravention of section 165(1). The Tribunal also ordered the AP to pay a contribution of $2,000 towards the Department’s legal costs.
  
Helping Hands Atwell (SE00012420) 160 Lydon Boulevarde, Atwell WA
The approved provider (AP) contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 20 Feb-18 a 9 ½ year old child diagnosed with Autism left the AP’s service unnoticed and unsupervised and remained missing until the child’s mother informed the AP her child had walked home.
Outcome
The parties negotiated by email and drafted an in-principle agreement on an outcome, for the Tribunals consideration. On 11 July 18 the Tribunal ordered the AP to pay a penalty of $12,000 for the contravention of section 165(1) and ordered the AP to pay a contribution of $1,500 towards the Department’s legal costs.
  
Nature Alliance Family Day Care Service
The family day care educator (FDCE) contravened section 165(3) of the National Law by failing to ensure that any child receiving education and care by her as a family day care educator was adequately supervised. On 2 Mar-18 a 2-year old child left the FDCE’s residence unnoticed and unsupervised and remained missing for approximately 30 minutes.
Outcome
The matter went to mediation on 29 May 18 where an outcome was agreed. On 5 June 18 the Tribunal ordered the FDCE to pay Penalty of $1,500 for the contravention of section 165(3) and to pay a contribution of $500 towards the Department’s legal costs.
  
Little Beginnings Education Forrestfield (SE 00012862) 34 Berkshire Road Forrestfield
The approved provider (AP) contravened section 167(1) of the National Law by ensure that every reasonable precaution was taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury. On 30 Jan 18 a 4-year child was severely burned by hot water used in making play dough. The AP also contravened section 161 of the National Law by operating its service without a nominated supervisor for 11 months. The AP also contravened sections 173(2)(b), 174(2)(b), and 173(1)(b) of the National Law by failing to notify the Regulatory Authority of various matters.
Outcome
The matter went to mediation on 30 July 18 where an outcome was agreed. On 17 Aug 18 the Tribunal ordered the AP to pay penalties of: $22,000 for the breach of section 167(1), $1,500 for the breach of section 174, and a reprimant for th ebreach of section 173 and to pay a contribution of $500 towards the Department’s legal costs
  
N/A
The family day care educator (FDCE) contravened section 165(3) of the National Law by failing to ensure that any child receiving education and care by her as a family day care educator was adequately supervised. On 13-Dec-17 the FDCE left a 2-year-old locked in the residence while attending a medical appointment. The FDCE also contravened regulation 178(2) by failing to ensure attendance records were accurate.
Outcome
The matter went to mediation on 3 May 18 where an outcome was agreed. On 9-May-18 the Tribunal ordered the FDCE to pay a penalty of $3,000 for the breach of s165(3) and $200 for the breach pf r174(2). and to pay a contribution of $1,000 towards the Department’s legal costs.
  
The family day care educator (FDCE) contravened section 295(1) of the National Law by giving an authorised officer documents that the FDCE knew were false or misleading in a material particular. The FDCE falsely recorded the attendances of children who did not attend her service at the times and dates recorded.

​Prosecution filed at Midland Magistrates Court with first mention on 21‑May‑18.​

Outcome
On 6 Feb 19 the court ordered the FDCE to pay a global fine of $6000 for the contraventions of section 295(1) and to pay costs of $1,756.20.
  
N/A
The Certified Supervisor (CS) was alleged to have failed several drug tests performed at her workplace, the Regulatory Authority questioned her fitness and proprietary to be a supervisor of an education and care service.

​A show cause notice was issued to the CS on 6 August 2018 advising that the Regulatory Authority was considering cancelling the Certified Supervisor certificate. CS had 30 days to respond to the notice. 

The grounds for the proposed cancellation under section 123 of the National Law were:

CS is no longer a fit and proper person to be a supervisor of an education and care service. 

Outcome
After considering the written response from CS, the Certified Supervisor certificate was cancelled effective as of Tuesday 11 September 2018.
  
Little Peoples Place Port Kennedy  SE: 00012690
The Approved Provider (AP) is alleged to have contravened Section 174 Offence to fail to notify certain information to Regulatory Authority

​Issue of Compliance Notice (S 177) on 9 January 2019 requiring compliance by
8 February 2019. Notice required AP to:

  • Provide evidence to demonstrate a policy and procedure has been developed in relation to reporting requirements including the prescribed timeframes.

Provide evidence to demonstrate management staff, the nominated supervisor and responsible persons have completed training on their roles and responsibilities in relation to reporting requirements.

Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Ravenswood Learning Centre SE-00013049 7 Lloyd Avenue, Ravenswood
Section 167 – Offence relating to protection of children from harm and hazards.

​Compliance Notice (s.177) issued on 17 September 2018 requiring compliance by 1 October 2018.  

The notice required the Approved Provider (AP) to

  • Secure the fish pond with fencing that children cannot go over, under or through or alternatively, secure the safety grid that is on top of the pond so that it cannot be moved.
  • Review and update the corresponding risk assessment.
  • Provide training to staff in relation to the pond risk minimisation strategies and provide written evidence that these strategies are understood by each staff member.


Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
First Steps @ Dianella SE-00012564 421 Alexander Drive, Dianella, WA, 6059,

The approved provider (AP) is alleged to have contravened:

  • Section 175 - Offence relating to requirement to keep enrolment and other documents
  • Regulation 173 – Prescribed information to be displayed

Compliance Notice (s 177) issued on 31-August-18 requiring compliance by 14-September-18. Notice required AP to provide evidence of the service demonstrating compliance and there are systems in place to ensure compliance with listed regulatory requirements.

Outcome
AP provided some evidence of compliance with the notice on 13-September-18. Further evidence of compliance with the notice was provided on 2-November-18.
  
One Tree Bulgarra Children’s’ Service SE-00012447 Searipple Road, Karratha
Section 167 – Offence relating to protection of children from harm and hazards.

Compliance Notice (s.177) issued on 10 October 2018 requiring compliance by 9 November 2018. 

The notice required the Approved Provider (AP) to review the following with all educators employed at the service:

  • Risk assessments that are in place at the service and how they relate to the individual educators' room/yard/equipment

  • First aid treatment for accidental poisoning

  • Workplace Health and Safety policy

  • Workplace Health and Safety manual

  • Risk Management Policy

  • Administering First Aid

Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Registered with WA Multicultural Family Day Care Service
Ms Eltom was charged on 24-July-18 with contravening section 295(1) of the National Law by providing attendance records for 6 children to an authorised officer of the Department, knowing those records were false or misleading in claiming the attendance of the children on days they did not attend.

Prosecution – Filed at the Midland Magistrates Court.

Outcome
On 15-Oct-18 His Honour Magistrate Taverner ordered Ms Eltom to pay a fine of $3,000 and to pay $1,628.10 in costs. His Honour said “His Honour said “This is a clear, in my view, clear cut case of dishonesty, it’s deliberate, you knew what you were doing, there is no confusion, children are either there or they weren’t there. You did it in order to get a financial benefit”.”
  
Rossi Child Care Centre – Morley SE-00013078 252 Beechboro Road, Morley, WA, 6062
The approved provider (AP) is alleged to have contravened: • Section 167 – Offence relating to protection of children from harm and hazards • Section 175 - Offence relating to requirement to keep enrolment and other documents • Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair • Regulation 54 – Process for certified supervisor to be placed in day to day charge of education and care service.
​Compliance Notice (s 177) issued on 31-August-18 requiring compliance by 14-September-18. Notice required AP to provide evidence of the service demonstrating compliance and there are systems in place to ensure compliance with listed regulatory requirements. 
Outcome
AP provided evidence of compliance with the notice on 14-September-18.
  
Cowaramup Child Care Centre SE: 00012517
The Approved Provider (AP) is alleged to have contravened: Section 161 Offence to operate education and care service without nominated supervisor.
​Issue of Complia   Issue of Compliance Notice (S 177) on 6 August 2018 requiring compliance by 24 August 2018. Notice required AP to:​
  • The person with management and control of the Approved provider (Jennifer LEECE) must submit a completed application for a Certified Supervisors certificate.
  • Must submit a notification of change to nominated supervisor.
  • Must put in place processes and procedures to ensure the service will operate with a Nominated Supervisor in the event of a Nominated Supervisor ceasing employment or a person being unable to continue to fulfil the role of Nominated Supervisor including:
    • Notifying the regulatory authority when the nominated supervisor resigns
    • Process to engage a new nominated supervisor.
Outcome
The AP failed to provide all evidence required within the specified timeframe. Further correspondence was made with the AP and an extension of time was given until 7 September 2018. The AP submitted the required evidence on 10 September 2018 and now complies with the requirements of the Compliance Notice.
  
Cowaramup Child Care Kindy SE: 40003643
The Approved Provider (AP) is alleged to have contravened: Section 161 Offence to operate education and care service without nominated supervisor.
​Issue of Compliance Notice (S 177) on 6 August 2018 requiring compliance by 24 August 20​18. Notice required AP to:
  • The person with management and control of the Approved provider (Jennifer LEECE) must submit a completed application for a Certified Supervisors certificate.
  • Must submit a notification of change to nominated supervisor.
  • Must put in place processes and procedures to ensure the service will operate with a Nominated Supervisor in the event of a Nominated Supervisor ceasing employment or a person being unable to continue to fulfil the role of Nominated Supervisor including;
    • Notifying the regulatory authority when the nominated supervisor resigns
    • Process to engage a new nominated supervisor.
Outcome
The AP failed to provide all evidence required within the specified timeframe. Further correspondence was made with the AP and an extension of time was given until 7 September 2018. The AP submitted the required evidence on 10 September 2018 and now complies with the requirements of the Compliance Notice.
  
Buttercups Childcare SE-00016281 156 Aberdeen St NORTHBRIDGE WA 6003

The approved provider (AP) is alleged to have contravened:

  • Regulation 174 - Offence to fail to notify certain information to Regulatory Authority.
  • Regulation 165 - Offence to inadequately supervise children.

​Compliance Notice (s 177) issued on 4 July 2018 requiring compliance by 25 July 2018. Notice required AP to provide evidence of the service demonstrating compliance and that there are systems in place to ensure compliance with listed regulatory requirements.

Outcome
AP provided evidence of compliance with the notice on 20 July 2018.
  
Bubbles Family Day Care Scheme SE-00014308 Unit 2 353 Shepperton Road EAST VIC PARK WA 6101
The Approved Provider (AP) is alleged to have contravened:
  • Section 167 - Offence relating to protection of children from harm and hazard
  • Section 175 - Offence relating to requirement to keep enrolment and other documents
  • Regulation 97 - Emergency and evacuation procedures
  • Regulation 103 - Premises, furniture and equipment to be safe, clean and in good repair
  • Regulation 158 - Children's attendance records to be kept by approved provider
  • Regulation 173 - Prescribed information to be displayed.
Issue of Compliance Notice (S 177) on 16 May 2018 requiring compliance by 5 June 2018. Notice required AP to:
  • Provide evidence that all your existing educators have received induction training and have had their residences assessed prior to becoming an approved and registered carer.
  • Provide evidence of systems that are in place at the service to ensure that all future educators will receive induction training and will have their residences assessed prior to becoming an approved and registered carer.
  • Provide evidence of all current educators’ public liability insurance and evidence of a recent staff meeting or reminder notice to all educators (including assistants) that details the requirement process for keeping child enrolment records.
  • Provide evidence to show the service has policies and procedures in place to ensure all educators have emergency evacuation and procedures displayed at each exit.
  • Provide evidence of systems that are in place at the service to ensure that all your educators are compliant with:
    • Displaying the emergency evacuation floor plan and procedures at every exit of the premises.
    • Carrying out and documenting a risk assessment prior to excursions and regular outings including school runs that identifies potential emergencies relevant to each Educators service.
  • Provide evidence that all family day care educators are aware of the legal requirement to keep an accurate record of attendance and displayed prescribed information.

 

Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
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